Editor's Note: Ord. No. 515, § 1, adopted 6-14-1985,
repealed Ch. 15, §§ 15-1—15-9, in its entirety,
and enacted similar provisions which are set out herein as §§ 15-1—15-16.
Former Ch. 15, §§ 15-1—15-9, was derived from
the Revised Ordinances of 1947, Ch. 32, §§ 1-9.
STATE LAW REFERENCES
Pawnbrokers — See MGL c. 140, § 70 et seq.
[Ord. No. 515, § 1, 6-14-1985]
(a)
PERSON —
As used in this chapter shall mean and include one or more persons
of either sex, natural persons, corporations, partnerships, associations,
joint stock companies and all other entities of any kind capable of
being used.
(b)
CITY — As
used in this chapter shall mean the City of Pittsfield.
(c)
LICENSING
AUTHORITY — As used in this chapter shall mean the city council
of Pittsfield.
(d)
SECONDHAND
DEALERSAs used in this chapter shall mean and include any person dealing
in the purchase or sale of secondhand electronic devices, or in the
purchase or sale of secondhand manufactured articles composed wholly
or in part of gold, silver, or platinum, or dealing in the purchase
or sale of old gold, silver or platinum, or dealing in the purchase
of articles or things comprised of gold, silver or platinum for the
purpose of melting or refining, or engaged in melting precious metals
for the purpose of selling, or in the purchase or sale of pawnbrokers'
tickets or other evidence of pledged articles, or, not being a pawnbroker,
who deals in the redemption or sale of pledged articles.
(e)
PAWNBROKER —
As used in this chapter shall mean a person who takes articles or
things in pawn in exchange for money subject to a right of redemption
whether subject to interest or not.
(f)
STATE
LAW — As used in this chapter shall mean Massachusetts General
Laws, chapter 140, sections 70 to 85 and sections 202 to 205.
[Ord. No. 515, § 1, 6-14-1985]
No person, either as principal, agent or employee shall within
the limits of the city, establish, engage in, or carry on the business
of secondhand dealer or pawnbroker or both, either separately or in
connection with some other business, without first having obtained
and paid for and having in full force and effect a license as herein
provided.
[Ord. No. 515, § 1, 6-14-1985]
Every person desiring to procure a license, as herein provided
shall file with the city clerk, a written application upon a blank
form prepared and furnished by the city. Such application shall contain
the names and residences of the applicant, if an individual, partnership
or firm, or the names and residences of the principal officers if
the applicant is an association or corporation. Such applicant shall
also describe in detail the character of the business in which he,
they, or it desire to engage. The application shall also state the
following:
(1)
The length of time such applicant or applicants, if an individual,
firm or partnership, or the manager or person in charge, if the applicant
is a firm, partnership, corporation or association, has or have resided
in the city, his or their place of previous employment, whether he
or they or any of them have been convicted of a felony or misdemeanor,
and if so, what offense, when and what court.
(2)
The premises where such business is to be located or carried on,
giving street and number.
(3)
Whether the applicant or applicants or manager had either alone or
with someone else previously been a secondhand dealer or pawnbroker.
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Such application shall be signed and acknowledged before a notary
public or other official authorized to administer oaths in the city.
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[Ord. No. 515, § 1, 6-14-1985]
Such application shall be accompanied by a bond to the City, approved as to form by the City Solicitor, in the penal sum of $300 with sufficient surety or sureties or sufficient collateral security, conditioned for the due observances during the term of the license of any and all ordinances which are now in force or may hereafter be adopted by the City respecting the business of secondhand dealing and pawnbroking, as defined in § 15-1.
[Ord. No. 515, § 1, 6-14-1985]
When an application is filed, the City Clerk shall cause an
investigation to be made by the police to ascertain whether the applicant
or applicants is or are of good character and repute, and the police
shall furnish to the City Clerk the information derived from their
investigation accompanied by a recommendation as to whether a license
should be granted or refused.
[Ord. No. 515, § 1, 6-14-1985]
Upon the filing of the application, bond and information as provided in § 15-5, the City Clerk, shall, upon his/her approval of such application and bond as to the sufficiency of surety or sureties or collateral security, submit the matter to the licensing authority at its next regular meeting, at which time it shall hold a public hearing on the application, and after which it shall either approve or reject said application. The City Clerk shall upon the approval by the licensing authority issue a license after the payment of the license fee hereinafter provided. All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the place of business in which the person receiving such license shall be authorized to establish, engage in or carry on the business, the kind of business, the dates of issuance and expiration of the license and the name and address of the licensee. No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection unless he can show that the reason for such rejection no longer exists.
[Ord. No. 515, § 1, 6-14-1985; Ord.
No. 651, § 1, 1-9-1990]
Every secondhand dealer and pawnbroker as defined in § 15-1 shall pay an annual license fee of $150 for each established place of business. All licenses shall be issued as of May 1 and shall continue in force until April 30, next succeeding the date of issuance thereof, unless sooner revoked by the licensing authority. No license shall be used by any person other than the original licensee, and any holder of such license or badge who permits it to be used by any other person, and any person who uses such license granted to any other person, shall be guilty of a violation of this chapter.
[Ord. No. 515, § 1, 6-14-1985]
The licensing authority may, at any time for such cause as it,
upon investigation, deems sufficient, revoke any license granted under
the provisions of this chapter. Whenever any license shall be so revoked,
no refund of any unearned portion thereof shall be made, and no license
shall be granted to any person whose license has been revoked within
a period of two years from the date of such revocation. Notice of
such revocation shall be served by the City Clerk upon the person
named in the application by mailing the same to the address given
in the application.
[Ord. No. 515, § 1, 6-14-1985]
In case any licensee shall move his place of business from the
place designated in the license, he shall immediately thereupon give
notice to the City Clerk and have the same endorsed on the license.
[Ord. No. 515, § 1, 6-14-1985]
Every secondhand dealer and pawnbroker shall keep in a substantial
bound book in which shall be legibly written in ink and in English
at the time of every purchase, sale or transaction a description of
every article so purchased, sold, or received, the number or numbers
and any monograms, inscriptions or other marks of identification that
may appear on the article, a description of the articles or pieces
comprising old gold, silver, platinum or other metal, and any monograms,
inscriptions or marks of identification thereon, the name, residence
and general description of the person from whom such purchase was
made or to whom sold, and the day and hour of the purchase or sale
including articles or things purchased or received for the purpose
of refining or smelting by persons principally engaged in such business.
In the case of the purchase or sale of a pawnbroker ticket or other
evidence of a pledged article, or a redemption or sale of a pledged
article, there shall be written in such book at the time of such purchases,
sale or redemption:
(1)
The name and address of the person who issued such ticket or other
evidence;
(2)
The pledge number of such pawn ticket or other evidence;
(3)
The name and address of the pledger as it appears on such pawn ticket
or other evidence;
(4)
The amount loaned or advanced as it appears on such pawn ticket or
other evidence;
(5)
The day and hour of such purchase, sale or redemption as the case
may be;
(6)
The name, residence and general description of the person from whom
or to whom the redeemed article is purchased or sold, as the case
may be;
(7)
The sum paid or received from such pawn ticket or other evidence,
or the sum paid or received for the redeemed article or pledge;
(8)
Such description of a pledged article as appears on such pawn ticket
or other evidence and an accurate description of every redeemed pledged
article.
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Such book shall at all reasonable times be open to the inspection
of any police officer, to the city clerk, the police chief, or to
any magistrate of the city or to any person duly authorized in writing
for such purpose by the city clerk. No entry in such book shall be
erased, obliterated, altered or defaced. This chapter shall not in
anyway reduce any duties required by state law.
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[Ord. No. 515, § 1, 6-14-1985]
It shall be the duty of every secondhand dealer and pawnbroker
to make or cause to be made to the chief of police or his representative
every day, except Sunday, before the hour of 12:00 noon, a copy of
the records required to be kept in the preceding section, of all goods,
articles or things or any part thereof, purchased, received or sold
in the course of the business of the dealer on the preceding day,
or, if that day be Sunday, on the two next preceding days. All reports
required in this section shall be made on a blank form prepared and
furnished by the chief of police and shall contain such information
as the chief of police may require.
Each report shall be signed by the licensee or his representative
and by the person from whom the purchase was made. The chief of police
shall cause a record to be kept of all such reports, showing the date
and time of receipt of each report, the name of the licensee making
the report and his address. The contents of such report shall not
be communicated to any person for the purpose of publication, but
shall be used by the chief of police and others in authority to protect
the public interest and detect crimes.
[Ord. No. 515, § 1, 6-14-1985; Ord.
No. 1035, § I, 10-27-2009]
(a)
No licensee shall carry on business at any other place than the one
designed in his license.
(b)
No secondhand dealer or pawnbroker shall continue to carry on business
after his license is revoked or shall have expired.
(c)
No secondhand dealer or pawnbroker shall purchase any secondhand
goods, articles or things whatsoever from or make any loans to any
person under the age of 18 years, any person who is intoxicated, apprentice
or servant, knowing or having reason to believe the person to be such.
No such dealer shall purchase from or sell to any person whatsoever,
any secondhand goods, articles or things, between the hours of nine
o'clock in the evening and eight o'clock in the morning, except Saturdays
when such sales and/or purchases, except as herein provided, may be
made between the hours of 8:00 a.m. and 10:00 p.m. No secondhand dealer
shall make any sale or purchase of any article whatsoever on the first
day of the week, commonly designated as Sunday.
(d)
No article or thing, except articles or things that have been received
from persons known to be jewelers, dealers, banking institutions,
executors or administrators, shall be sold or disposed of by any dealer
in secondhand articles until the expiration of 15 days after such
purchase or redemption, except that all secondhand articles or things
purchased for the purpose of melting or refining by persons principally
engaged in such business from persons not jewelers or dealers, shall
not be sold, refined, melted or disposed of until the expiration of
five business days after such purchase; and no such dealer shall receive
any article by way of pledge or pawn; or employ any subterfuge for
receiving goods as security for the advancement of money.
(e)
A licensee shall allow his place of business and all secondhand articles
therein to be at all reasonable times examined by any member of the
police department.
(f)
Every secondhand dealer or pawnbroker shall at the time of making any purchase or transaction attach a properly numbered tag to, or otherwise legibly number each article bought, and shall make entry of such number in the book provided for in section 15-10.
(g)
Every licensee shall post in a conspicuous place in his place of
business a copy of this chapter to be furnished by the police department.
(h)
No licensee shall buy any secondhand article of any kind, which is distinctly and plainly marked as being the property of any firm or corporation other than the person offering to sell the same unless the person offering to sell the same shall show satisfactory evidence in writing that he is the legal and lawful owner of such property. Such written evidence shall be pasted in the book provided for in section 15-10.
[Ord. No. 515, § 1, 6-14-1985]
In case any suspicious or known dishonest person shall offer
for sale to any secondhand dealer or pawnbroker, his employee, agent
or servant, any articles of value, and he has reason to believe from
any circumstances that the same has been stolen or acquired by dishonest
means, it shall be his duty to report the same at once to the police.
[Ord. No. 515, § 1, 6-14-1985]
It shall be the duty of the police department to furnish from
time to time to every secondhand dealer or pawnbroker a list of all
articles reported to the police department as lost or stolen. If the
police department shall notify a licensed dealer that any goods, articles
or things have been lost or stolen, and if such goods, articles or
things, or any such or part of such, answering to the description
of the notice shall then be, or shall thereafter come into the possession
of any person licensed under the terms hereof, he shall, upon receiving
notice thereof, immediately thereafter as a supplement to his daily
report for that day to the chief of police, give information in writing
that certain goods, articles or things listed by the police are in
his possession, and shall not thereafter dispose of the same except
upon written authority so to do from the chief of police. Every dealer
in secondhand articles who shall have or receive any goods, articles
or things lost or stolen, or alleged or supposed to have been lost
or stolen, shall exhibit the same on demand to any police officer
or any magistrate of the City or any person duly authorized by the
chief of police in writing for such purpose who shall exhibit such
written authority to the dealer.
[Ord. No. 515, § 1, 6-14-1985; Ord.
No. 674, § 13, 5-29-1991]
Any person who violates any provision of this chapter shall
pay the fines as stated below:
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First and each subsequent offense
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$300
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In addition to the penalty imposed, the license of the person
violating the same shall be cancelled or revoked and the bond upon
such license shall thereupon become due and payable to the City of
Pittsfield, and the amount thereof may be received in a civil action
based upon such forfeiture.
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Each day in which any violation exists shall be deemed to constitute
a separate offense. The provisions of this chapter shall be enforced
by the police department.
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[Ord. No. 515, § 1, 6-14-1985]
All ordinances or parts of ordinances in conflict with the provisions
of this chapter are hereby repealed.
